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Facts
The assessee's appeal for Assessment Year 2012-13 arose from an order by the CIT(A)/NFAC concerning proceedings under sections 143(3) and 147. The appeal was filed with a delay of 84 days, which was condoned.
Held
The Tribunal held that the reopening of the assessment was invalid due to the lack of a valid approval from the prescribed authority under section 151 of the Act. The approval was deemed mechanical and insufficient, vitiating the entire reopening process.
Key Issues
Validity of assessment reopening for want of a valid approval by the prescribed authority under Section 151 of the Income Tax Act.
Sections Cited
143(3), 147, 151
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Income Tax Appellate Tribunal, DELHI BENCH `Eʹ, NEW DELHI
Before: Sh. Satbeer Singh Godara&
ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2023–24/1056617353(1) dated 27.09.2023, in proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
Delay of 84 days in filing of the instant appeal is condoned in the larger interest of justice in light of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).
It emerges during the course of hearing that there arises the first and foremost issue of validity of the reopening itself for want of a valid approval by the learned prescribed authority u/s. 151 of the Act. The tribunal’s attention is invited to the approval dated 30.03.2019 (page 20 in paper book) wherein the learned prescribed authority had accepted the Assessing Officer’s reopening proposal as “I am satisfied………”. This being the clinching factual position emanating from the record, we hereby quote CIT vs. S. Goyanka Lime and Chemical Ltd. (2023) 453 ITR 242 (SC) that such a mechanical approval vitiates the entire reopening; and therefore, we accept the instant legal ground in very terms. This reopening is quashed therefore.
All other pleadings on merits stand rendered academic.